Wells fargo rma form 2012

The plaintiff also noted that while the defendants had failed to appear on June 21, it had received the following items from them on June 24, ; namely, a hardship letter, credit report authorizations, financial worksheet, tax returns, a driver's license and a T-Mobile bill. According to the plaintiff, the first settlement conference was scheduled for November 12, The Record before this Court, inclusive of affirmations by plaintiff counsel, the testimonies of Courtney Williams, and Francis and Michael Ruggiero, is replete with persuasive indicia of the plaintiff's lack of good faith, evidenced by conflicting information, a refusal to honor agreements, unexcused delay, unexplained charges, and misrepresentations, and sets forth, in no small measure, a failure to deal honestly, fairly, and openly. The parties' representations and or explanations of what transpired at the July 23, settlement conference and during the period up to November 9, are ambiguous at best.

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In any residential foreclosure action.

The referee issued a directive that the plaintiff escalate its determination and complete its review by December 22, ; 8 on December 23,the plaintiff denied the defendants HAMP relief for lack of proof of occupancy of the premises; 9 this denial was issued despite the fact that Courtney Williams, a senior loan adjuster at Wells Fargo, testified see hearing transcript October 15, P.

The Record before this Court, inclusive of affirmations by plaintiff counsel, the testimonies of Courtney Williams, and Francis and Michael Ruggiero, is replete with persuasive indicia of the plaintiff's lack of good faith, evidenced by conflicting information, a refusal to honor agreements, unexcused delay, unexplained charges, and misrepresentations, and sets forth, in no small measure, a failure to deal honestly, fairly, and openly.

Horkan, atquoting Norstar Bank v. The defendants did not appear on the adjourned date, January 28,whereupon the settlement conference was rescheduled for March 9, October 15, P.

Partnership, 25 AD3d[1st Dept ] [internal quotation marks and citation omitted]; see also Southern Indus. Wells Fargo Bank, N.

Wells Fargo commenced this action on May 30, The defendants obtained counsel and moved on May 30, for relief 20012 noted at the onset of this writing. Frenkel Lambert Defense Attorney: There was no modification offer on February 8,although it appears that the plaintiff had the necessary information. This court cannot in equity permit such a result without at least affording the defendants an authentic opportunity to avail themselves of the protective measures of CPLR R The plaintiff, Wells Fargo Bank, N.

It is also to be noted that Mr.

Wells Fargo Bank, N.A. v Francis M. Ruggiero

According to the referee's report, plaintiff's counsel suggested, at the June 21st conference, that the defendants be directed to continue to make monthly trial payments and the referee so directed. Referee's Report and Recommendation fn. At the October 12th conference the plaintiff apparently requested release from the settlement conference part so that it might proceed to foreclose on the premises. The defendants, appearing pro se, were present for the March 9, settlement conference as was the plaintiff, which appeared by its attorney Steven J.

A workout package typically consists of the following: In accordance with the Referee's recommendations, a "good faith hearing" was scheduled to determine whether sanctions should be imposed because the settlement conferences had proceeded without the good faith of the plaintiff.

RMA signed and dated ; d.

The matter is adjourned to July 16, at McKenna,"Conduct such as providing conflicting information, refusal to honor agreements, unexcused delay, unexplained charges, and misrepresentations have been held to constitute bad faith. Subsequently, there were several adjournments during which the plaintiff alleges that it considered a loss mitigation resolution for the defendants.

Lease agreement Term April 1, through November 1, ; and l. Accordingly, the court finds that the imposition of an alternative remedy to address the plaintiff's wanton and flagrant violation of the dictates of CPLR f is in order. At a settlement conference on November 30, the fqrgo advised the Special Referee that it had all the required financial documentation 0212 the defendants and that the file was actively in review.

According to the plaintiff, the first settlement conference was scheduled for November 12, Proposed HAMP waterfall; c.

Davis, 32 Misc 3d A [Sup. The matter shall thereafter be adjourned to August 23, at This constitutes the decision and order of this court. Morabito, AD2d [2d Dept ]. The plaintiff required an updated workout package.

The plaintiff indicated at the March 9th conference that "it required the following financial documentation to complete a final HAMP modification review: The plaintiff also noted that while the defendants had failed to appear on June 21, it had received the following items from them on June 24, ; namely, a hardship letter, credit report authorizations, financial worksheet, tax returns, a driver's license and a T-Mobile bill.

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